Judges: DELPHENE C. STRICKLAND
Agency: Department of Business and Professional Regulation
Latest Update: May 13, 1980
Summary: Whether the registration of Respondent as a subdivider of lands described as Lehigh Acres and Lehigh Acres East should be revoked. Whether civil penalties should be imposed on the Respondent.Respondent didn't renew license as registered subdivision and didn't pay tax on property. Recommend revocation if civil penalty is not paid in thirty days.
78-2207.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DIVISION OF FLORIDA LAND SALES ) AND CONDOMINIUMS, )
)
Petitioner, )
)
vs. ) CASE NO. 78-2207
) LEHIGH ACRES PROPERTIES, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
The Respondent, Lehigh Acres Properties, Inc., requested a formal hearing in its reply to the Notice to Show Cause filed by the Petitioner, Division of Land Sales and Condominiums, on August 11, 1978. Hearings were scheduled by the Division of Administrative Hearings several times and continued on motions of the parties who were attempting to amicably settle the controversy. Prior to the last hearing scheduled for February 6, 1980, the parties filed a "Motion To Consider the Statement of Facts in Lieu of Hearing," which was granted. The Statement of Facts filed by the parties together with the documents filed with the Division of Administrative Hearings were considered by the Hearing Officer in this order.
APPEARANCES
For Petitioner: William A. Hatch, Esquire
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
For Respondent: Andrew C. Hall, Esquire
Suite 200, Brickell Concours 1401 Brickell Avenue
Miami, Florida 33131 ISSUE
Whether the registration of Respondent as a subdivider of lands described as Lehigh Acres and Lehigh Acres East should be revoked. Whether civil penalties should be imposed on the Respondent.
FINDINGS OF FACT
The "Stipulated Statement of the Facts" is set out in the order for clarity, but a copy of the Stipulation and the Exhibits is attached hereto and made a part hereof.
Stipulated Statement of the Facts
Lehigh Acres Properties, Inc. (hereinafter called the Respondent) was originally registered with the Division of Florida Land Sales & Condo- miniums (hereinafter called the Division) on or about February 20, 1967.
Respondent's registration was renewed every year through 1972.
Respondent renewed its registration in an inactive status for the years 1973 through 1976.
Division records reveal that Respondent had failed to renew its inactive registration for the years 1977 and 1978 as required by Section 478.131(2)(b), Florida Statutes (1977). (See attached Exhibit No. (1)).
Respondent has sold property utilizing a Guaranteed Agreement for Deed which was approved by the Division as part of Respondent's registra- tion. In the Guaranteed Agreement for Deed, the Respondent promised lot purchasers that the taxes would be paid by the Respondent until the Agree- ment for Deed was paid in full. (See attached Exhibit No. (2)).
A search of the Public Records in Hendry
County, Florida reveals that Respondent has failed to pay the taxes as promised for the years 1976, 1977 and 1978. (See attached Exhibit No. (3)).
As a result of Respondent's failure to renew its registration and pay the taxes on property
subject to Agreement for Deed, the Division filed a Notice to Show Cause against Respondent on August 11, 1978. (See attached Exhibit No. (4)). The Notice to Show Cause also alleged that Respon-
dent has failed to deliver warranty deeds to various lot purchasers at the completion of the Agreements for Deed as promised. The Division has since determined that those deeds were eventually delivered.
Respondent filed a reply to the Notice to
Show Cause dated November 7, 1978 alleging that Respondent was no longer engaged in active sales and therefore was not required to be registered. The reply further stated that taxes were paid at such time that individual deeds were due to be issued and that late warranty deeds had in fact been issued. (See attached Exhibit No. (5)).
WHEREFORE, the parties agree that these facts
be considered by the hearing officer in lieu of the administrative hearing scheduled for February 6, 1980 and that an appropriate recommended order be entered.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.
Section 478.131 Fees.-- (1977) provides:
The division shall charge a filing fee for each application for registration of subdivided lands located within the state, which fee shall be based on the following schedule:...
(2) Each filing or registration shall be renewed annually and the fee there for shall not exceed $200. The renewal fee shall be payable no later than January 31. The divi- sion may assess a penalty not to exceed $10 per day for each day after January 31 that the registration is delinquent, but said penalty shall not exceed the sum of $300.
The registration of any subdivision for which renewal of registration is more than 10 days delinquent shall be automatically suspended until such time as the proper renewal fee, plus penalties, if any, has been submitted
to the division.
Section 478.131 Fees.-- (1978) provides:
The division shall charge fees for each registration of subdivided lands as follows:...
(2) Each registration shall be renewed an- nually not later than January 31 and shall be accompanied by the applicable fee. A delin- quent renewal shall be assessed a penalty fee of $10 per day and in addition is suspended by operation of law after the 10th day delin- quent until the renewal fee and penalty is received by the division. In no event shall the penalty fee exceed $300....
(b) Registrants shall pay $200 for each inactive registered subdivision.
The Respondent, Lehigh Acres Properties, Inc., failed to renew its registration of subdivided lands as required by the foregoing statutes. The renewal fee was not to exceed $200 in 1977 and 1978, payable by January 31 of each year. A penalty of $10 per day, not to exceed $300, for delinquent registration was permitted in 1977 and required in 1978. The registration of Respondent, a delinquent registrant, was suspended ten days after its failure to pay the annual renewal fee in 1977 under the requirements of the foregoing statutes. Respondent owes renewal fees and penalty assessments although in inactive status.
Section 478.161 Revocation; civil penalties. -- (1978) Provides:
(1) A registration may be revoked upon a finding that the subdivider has:...
(d) Failed to faithfully perform any stipu- lation or agreement made with the division as
an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;...
(3) In lieu of revocation, the division may impose civil penalties against the holders of registrations for violations of this chapter or rules relating thereto. No civil penalty so imposed shall exceed
$5,000 for each offense, and all amounts collected shall be deposited with the State Treasurer to the credit of the General Revenue Fund. If the holder of such registration fails to pay the civil penalty, the division shall thereupon issue an order to such registrant directing that such registrant cease and desist from further operation until such time as the civil penalty is paid. In order to permit the regis- trant an opportunity either to appeal such decision
administratively or to seek relief in a court of com- petent jurisdiction, the order requiring the payment of a civil penalty shall not become effective until
20 days after the date of said order. Actions com- menced by the division may be brought in the judicial circuit in which the division has its executive offices or where the violation occurred.
The failure to abide by the terms of the Agreements for Deed constitutes a failure to faithfully perform an agreement made with the Division as partial inducement to grant the Respondent's registration. Respondent promised to pay property taxes including taxes for 1976, 1977 and 1978 on numerous parcels of land sold under the Agreements for Deed but failed to pay them as agreed. Penalties appertain regardless of active sales.
The license of the Respondent, Lehigh Acres Properties, Inc., may be revoked or a penalty not exceeding $5,000 for each offense may be imposed under the foregoing statute.
RECOMMENDATION
Based on the foregoing Findings and Conclusions of Law the Hearing Officer recommends that a penalty be imposed against the Respondent, Lehigh Acres Properties, Inc., in the amount of $5,000 for failure to pay taxes on properties sold under the Agreements for Deed. The Hearing Officer also recommends that the registration of Respondent be revoked if renewal fees and penalties required by statute for delinquent registration are not paid within thirty (30) days from the date of final order.
DONE and ORDERED this 1st day of April, 1980, in Tallahassee, Leon County, Florida.
DELPHENE C. STRICKLAND
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
William A. Hatch, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Andrew C. Hall, Esquire Suite 200, Brickell Concours 1401 Brickell Avenue
Miami, Florida 33131
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION
DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS
DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS,
Petitioner,
CASE NO. 78-2207
LEHIGH ACRES PROPERTIES, INC.,
Respondent.
/
FINAL ORDER
Comes Now the Director of the Division of Florida Land Sales and Condominiums after review of the entire record in this cause and orders as follows:
The Recommended Order of the Hearing Officer in this cause dated April 1, 1980 is hereby adopted and incorporated by reference except as herein set forth below.
Respondent is hereby ordered to pay a civil penalty of $10,000 within
30 days from the date of this Final Order for failure to pay taxes on properties sold under the Agreements for Deed.
DONE and ORDERED this 9th day of May, 1980, in Tallahassee, Leon County, Florida.
EARL M. FOSTER, DIRECTOR
Division of Florida Land Sales and Condominiums
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Copies furnished to:
William A. Hatch, Staff Attorney Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32301
Andrew C. Hall, Esquire
Suite 200, Brickell Concours 1401 Brickell Avenue
Miami, Florida 33131
=================================================================
AGENCY CORRECTED FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION
DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS
DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS,
Petitioner,
CASE NO. 78-2207
DOCKET NO. 78065RSD
LEHIGH ACRES PROPERTIES, INC.,
Respondent.
/
CORRECTED FINAL ORDER
Comes Now the Director of the Division of Florida Land Sales and Condominiums after review of the entire record in this cause and orders as follows:
The Recommended Order of the Hearing Officer in this cause dated April 1, 1980 is hereby adopted and incorporated by reference except as herein set forth below.
Respondent is hereby ordered to pay a civil penalty of $10,000 within
30 days from the date of this Final Order for failure to pay taxes on properties sold under the Agreements For Deed.
DONE and ORDERED this 17th day of June, 1980, in Tallahassee, Leon County, Florida.
EARL M. FOSTER, DIRECTOR
Division of Florida Land Sales and Condominiums
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was hand delivered to WILLIAM A. HATCH, Staff Attorney, Department of Business Regulation, 725 South Bronough Street, Tallahassee, Florida 32301, and delivered by certified mail to ANDREW C. HALL, ESQUIRE, Suite 200, Brickell Concours, 1401 Brickell Avenue, Miami, Florida 33131, this 17th day of June, 1980.
EARL M. FOSTER, DIRECTOR
Docket for Case No: 78-002207
Orders for Case No: 78-002207
| Issue Date |
Document |
Summary |
|
May 09, 1980 |
Agency Final Order
|
|
|
Apr. 01, 1980 |
Recommended Order
|
Respondent didn't renew license as registered subdivision and didn't pay tax on property. Recommend revocation if civil penalty is not paid in thirty days.
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